HomeMy WebLinkAbout04-02-97 WS~ • i '
CITY OF LAKEVILLE
CITY COUNCIL WORK SESSION MINUTES
• APRIL 2, 1997
The meeting was called to order by Mayor Zaun at 5:00 p.m. in the City Hall
administration meeting room.
Those present: Mayor Zaun, Councilmembers Holberg, Johnson, Mulvihill, Sindt; R.
Erickson, City Administrator; D. Feller, Finance Director; D. Volk, Director of
Operations & Maintenance; J. Perron, Liquor Store Manager; S. Michaud, Park &
Recreation Director; Chris Oace, Cable Coordinator; John Hennen, Administrative
Assistant; Brian Grogan, Moss & Barnett; Gary Tushie, Tushie & Montgomery; Jeff
Bednar, SRF; Joy Weinand and Marceil Skluzacek, residents; Leslee Gustafson,
Deputy City Clerk.
ITEM NO. 1: 1997 Park Dedication Budget
Mr. Michaud reviewed the proposed revenues and expenditures anticipated for the
1997 Park Dedication Fund. Total revenues are projected to be $447,995 of which
approximately $360,000 is from the platting of 400 new lots. Mr. Michaud stated
most of the new platted lots will collect park dedication fees based on the new 1997
rates.
• Expenditures include $276,828 for aone-time payment of special assessments for
four improvement projects. As directed by Council, $60,000 would be established in
a special reserve account for the future acquisition of a northeast sector community
park. The Dodd Pointe tot lot will be developed at a cost of $40,000; Dakota
County is in the process of acquiring the site as a result of the County Road 46
improvement project. Mr Michaud also is recommending replacement of the
Independence Park playground equipment which is over twenty years old. Mr.
Michaud stated that all playground structures will be evaluated this year in order that
a replacement program can be established.
Mr. Erickson stated that the proposed appropriations for project design and
engineering ($50,000) and special assessments ($276,828) are significant
expenditures which are not likely to re-occur. The fiscal management objective of
prepaying the special assessments is to avoid the special assessment interest
expended over a ten to twenty year period.
Councilmember Johnson asked how the interest rate on special assessments
compared to what the City can earn on investments. Mr. Feller stated that the
interest rates on investments is approximately equal to the interest on investments.
Mr. Feller also stated that one factor is the permanent financing of the County Road
46 project which will be sold this fall; interest rates on bonds are trending up at the
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CITY COUNCIL WORK SESSION MINUTES
APRIL 2, 1997
PAGE 2
• current time. An important consideration of prepaying the special assessments is not
to encumber the future of the Park Dedication Fund which is sensitive to economic
cycles.
Mr. Erickson stated building construction is extremely cyclical and will eventually
turn down. If the Park Dedication Fund assumes payment of the special assessments
over a period of time, the Fund might lose its ability to finance future park
improvements. In addition, the State Legislature is considering levy limits which will
prohibit the City from levying taxes for debt payments.
Councilmember Mulvihill inquired as to the time frame for construction of the Dodd
Pointe tot lot. Mr. Michaud stated if the property was acquired soon, construction
could be completed by this fall.
The City Council directed staff to proceed with a resolution amending the 1997
Park Dedication Fund for City Council action at the Apri121, 1997, meeting.
ITEM N0.2: Presentation of Orchard Lake Park concept plans
Mr. Michaud presented two concept plans for the Orchard Lake Park, one of which
included use of land on the east side of Klamath Trail for parking. These plans are
• an attempt to provide what is not there currently, a public skating facility either for
hockey or pleasure skating. The plans include both Orchard Lake Elementary school
property and private property located to the south and east. Both plans include
parking areas as the current parking areas for the school are very limited. The
property located south of the school is used as a single family residence. This
property would have to be acquired by the City.
Councilmembers expressed concern about locating parking on the other side of the
street and the possible problems if the rink was located too close to the railroad
tracks. Councilmember Holberg inquired if just the private property could
accommodate both the skating facility and parking. Mr. Michaud stated the
property is not large enough to accommodate both. Councilmember Holberg
expressed her concern that because 70 to 75% of the Orchard Lake students are
Burnsville residents, this project not be a City only issue. Mayor Zaun emphasized
the City does not want to be placed in a position between the School District and
citizens.
Mr. Erickson stated that a proposed trail on Klamath would require additional off
street parking be in place before a trail is built. Staff supports a pleasure skating
facility with lighting. Several cities in the metro area have flooded over asphalt
parking lots in the winter and then revert back to the original use during the rest of
the year. Mr. Erickson proposed meeting with the school district once a concept
CITY COUNCIL WORK SESSION MINUTES
APRIL 2, 1997
PAGE 3
. plan utilizing the property proposed to be acquired by the City for parking has .been
approved by Council.
The City Council directed staff to prepare a new concept plan for Council
review and authorized Assistant City Attorney Jim Walston to meet with the
owners of the property located south of the school.
ITEM N0.3: Presentation of Cable TV franchise and ordinance
Mr. Oace introduced Brian Grogan, attorney for Moss & Barnett. He then stated his
memo to Council highlighted the proposed changes. The major change is the
replacement of a single Franchise Agreement document to two new documents, a
Franchise Agreement and an Ordinance.
Mr. Grogan stated the current agreement expires on February 2, 1998. Apple
Valley, Farmington and Rosemount are no further along with negotiations than
Lakeville. The negotiations up to this point have been done through an informal
process. If an agreement can not be reached with Marcus Cable through the
informal process, negotiations will proceed to a formal process which is a much
more structured and time sensitive process. Mr. Grogan stated they hoped to
narrow the process down to a few major issues and reach an agreement as quickly as
• possible.
Mr. Oace stated the Franchise Renewal Group will continue to negotiate with
Marcus. Once a preliminary agreement is reached it will go to the Cable Board for
discussion. Eventually, the final proposed Franchise Agreement and Ordinance will
be presented to the City Council at a public hearing.
Councilmember Sindt said that by law the franchise must be non-exclusive. She
stated no other cities have brought in another franchise. She does not want
Lakeville to lose its advantage as Lakeville was the first to have a franchise which
other cities then used. Mr. Grogan said there is the potential for competition; that is
why two separate documents have been prepared. As competitive services enter the
market, the ordinance stays the same and additional franchises are added.
The Council asked several questions regarding how the new franchise will
accommodate new technologies. Mr. Oace responded this is dealt with through the
provisions dealing with financial reporting and technology capacity. He cautioned
that the City can not dictate specific technology. Recent Supreme Court rulings
dealing with must carry and channel scrambling were discussed.
The Council directed the Franchise Renewal Group to continue negotiations
• with Marcus Cable.
CITY COUNCIL WORK SESSION MINUTES
APRIL 2, 1997
PAGE 4
•
ITEM NO. 4: Cable equipment donation - ISD 194
Mr. Oace reviewed his memo to Council concerning the donation of equipment that
was originally proposed to be sold. Lakeville School District 194 and the City of
Farmington have expressed an interest in the City donating some of the retired
equipment to them. The current Resolution 96-129 would need to be amended if
Council decided to donate these items rather than placing them for sale. Staff is
looking for Council direction.
Mayor Zaun asked if there were any restrictions on the sale of the equipment once it
has been donated. Mr. Erickson stated previous policy has been that ownership of
the equipment reverts back to the City if the equipment is no longer being used. The
Mayor asked how it would be perceived by the community if the donated items were
used to assist District 194 in airing information outside the City. Mr. Oace
commented that the educational channel can be seen in other communities, but the
additional equipment will directly impact the citizens of Lakeville within the
Lakeville School District.
•
The City Council directed staff to place the amended resolution donating
twenty-eight items to the 194 School District on the next Council agenda.
Councilmember Johnson suggested the donations be presented to the School
District at the Council meeting.
ITEM NO. S: Legislative issues
Mr. Erickson provided Council with a handout on sample mandate bills introduced
in 1997 and prepared by the LMC. He stated this has been a year of contrasts in the
legislature. Cities are under scrutiny by both legislative bodies. Levy limits are seen
to be inevitable and the legislature is chipping away at land use issues which will
cause cities to lose control in land use planning.
Councilmember Holberg asked about the status of the Metropolitan Council. Mr.
Erickson said it appears the Met Council has aone-year reprieve from either being
abolished or becoming an elected body. Mayor Zaun stated he had talked to
Representative Macklin about the proposed levy limits. He commented that Mr.
Macklin said if the MUSA is expanded there will be a $1,000 fee for every bedroom
in a new residential home.
ITEM NO. 6: Consideration of a City Health Officer position
Mr. Erickson recommended Council have John Hennen review the City code book
and identify all ordinances that may require the services of a Health Officer. Once
Mr. Hennen has identified those ordinances, staff will determine which ordinances
CITY COUNCIL WORK SESSION MINUTES
APRIL 2, 1997
PAGE 5
• the County Health Department administers. Lakeville's Health Officer's duties
could then be determined.
The Council directed Mr. Hennen to proceed with the project.
ITEM NO. 7: Presentation of Stop Sign Policy Committee recommendations
Mr. Volk introduced Jeff Bednar from SRF. Mr. Volk reviewed the proposed All-
Way Stop Control Policy and the Justification Worksheet. He stated the committee
provided excellent input relating to the goal of developing a consistent stop sign
policy for the City. Mr. Volk informed the Council this appears to be the first stop
sign policy in the state that addresses neighborhood streets.
The Justification Worksheet is a tool to gather data and has been field tested using
last year's data. The All-Way Stop Signs brochure was drafted because of citizens
expectations in slowing speeds with the use of stop signs. It is hoped the brochure
will answer questions and provide information and inform citizens that stop signs
don't cure speeding vehicle problems.
Mayor Zaun asked if the criteria listed on the Justification Worksheet could be used
with preliminary plats, and if it could be plugged into the GIS data base and used
• with traffic patterns of existing streets to determine if stop signs are needed. Mr.
Bednar said traffic volumes and possibly speed levels could be developed within the
data base.
Councilmember Holberg stated she felt good about the study, however, she does not
want to give a false sense of expectation to citizens based on certain statements in
the brochure. The Mayor suggested not including petition information in the
brochure. Mr. Erickson stated that in place of petition information, the brochure
could establish credibility by referencing the stop sign committee membership. The
petition would be sent only when a policy handbook is sent to a citizen.
Mr. Erickson suggested printing the brochure using black and red print. Mr. Hennen
thought the City's logo should be on the first page. It was recommended the policy
committee be invited to attend when the policy is presented at a Council meeting.
Also, the Council may want to revisit the policy in six to twelve months.
The Council directed staff to bring the All-Way Stop Control Policy to a future
City Council meeting with a provision for evaluation of the policy to be done
within a certain time frame. Also, the brochure should be revised to reflect the
changes the Council identified.
• ITEM NO. 8: Discuss installation of a recreational facility or community garden
on City property by area residents
CITY COUNCIL WORK SESSION MINUTES
APRIL 2, 1997
PAGE 6
Mr. Erickson stated Council had received information concerning a volleyball court
erected by area residents on City owned property. The City had previously received
complaints so Mr. Robinette had worked with the residents in removing items
associated with the volleyball court. The residents would now like to use this
property for gardens. He introduced Joy Weinand and Marceil Skluzacek. Ms.
Skluzacek said she was appointed as spokesperson for the neighborhood. For the
first couple of years they lived there the property appeared to be abandoned. They
and the neighbors worked to improve the drainage, hauled away garbage, planted
seed and maintained the property. Six or seven households then decided they would
like to build a volleyball court on the property. Last fall they were informed the
volleyball court needed to be removed. Ms. Skluzacek stated that if the property
could not be used for recreational purposes, the neighborhood would like to know if
the City would approve of community gardens in that area.
Mr. Erickson informed the Council this started as a zoning issue. The City is under
a significant amount of liability if City property is used for volleyball courts,
basketball hoops, etc. Councilmember Mulvihill acknowledged that while current
neighborhood residents want to maintain this area, new owners may not want to do
so in the future. Mr. Erickson stated this is a flood plain area and if the City allowed
a volleyball court, the timbers could possibly end up in the culverts during a heavy
rainfall. Councilmember Johnson sympathized with the residents but no resident
wants their tax dollars to pay for lawsuits.
Mayor Zaun said a City policy on these types of issues is needed. Mr. Erickson
suggested Council have the Parks & Recreation Advisory Committee look into these
issues.
The Council directed the Parks & Recreation Advisory Committee to proceed
with consideration of a policy.
ITEM NO. 9: Presentation of Liquor Store #4 interior/exterior plans
Ms. Perron presented the modified layout and design of the proposed Liquor Store
#4. The new design has reduced the square footage of the store to 9,332 square
feet. There is good visibility from both County Road 46 and Kenrick Avenue.
There will be two access driveways, one for customers and the north access for
delivery trucks and vans. The parking lot will have fifty-one stalls, plus three
handicapped and four car/truck stalls. The entrance is a vestibule style with
automatic doors. The loading dock and trash area will be screened and include
landscaping. The entrance monument is proposed to be brick and be located in a
bed of flowering shrubs.
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CITY COUNCIL WORK SESSION MINUTES
APRIL 2, 1997
PAGE 7
• Mr. Erickson stated the parcels are proposed to be administratively combined.
Councilmember Johnson asked if there is an increase of heat loss with power doors.
Mr. Tushie said power doors open and close faster than standard doors so there is
no additional heat loss. Power doors are preferred because many customers are
carrying beer cases of empties when they arrive and purchased items when they
leave.
Ms. Perron detailed the layout of the first floor, including the proposed lighting. The
beer cooler will have twenty-seven doors, allowing for the marketing of specialty
and draft beers. She commented the store has the potential for $1,500,000 in annual
beer sales. Councilmember Holberg asked why the basement was so small. Mr.
Erickson stated that by code, if there is only one exit it cannot be any larger.
Mr. Tushie described the exterior and said the plans show a proposed glass block
window on the County Road 46 side. Mr. Tushie explained that for security reasons
a glass block is better than an opaque window. This wall could come out for
expansion purposes. Mr. Erickson said for the store to be open by Thanksgiving,
the City would need to work with the County to purchase the site and engage the
services of Tushie Montgomery and Bossardt.
The Council directed staff to proceed with the project and place on the April
21, 1997, Council agenda the Architectural Agreement and Construction
Management Services Agreement for the construction of Liquor Store #4.
The work session adjourned at 8:10 p.m.
Respectfully submitted,
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Leslee Gustafson
Deputy City Clerk